58Acting appointments

58 Acting appointments

(1) Subject to section 52, the Governor in Council, on the recommendation of the Minister—

(a) may appoint an eligible person (including an additional commissioner) to act in the office of Chair—

(i) if the Chair is absent or, for any other reason, is unable to perform the duties of office; or

(ii) during a vacancy in the office of the Chair; and

(b) may appoint an eligible person to act in the office of additional commissioner—

(i) if an additional commissioner is absent or, for any other reason, is unable to perform the duties of office; or

(ii) during a vacancy in the office of an additional commissioner.

(3) A person may be appointed under subsection (1)(a) or (b) for a period not exceeding 6 months.

(4) A person may be reappointed under subsection (1)(a) or (b) but not if—

(a) the person's total period of appointment would exceed 12 months; or

(b) the person's period of appointment in respect of each period referred to in subsection (1)(a)(i) or (b)(i) or each vacancy referred to in subsection (1)(a)(ii) or (b)(ii) would exceed 6 months.

(5) While a person is acting in the office of Chair or additional commissioner, the person—

(a) has and may perform all the functions of the Chair or the additional commissioner; and

(b) is entitled to be paid the remuneration specified in the person's instrument of appointment.

(6) The Governor in Council may at any time remove a person acting in the office of Chair or additional commissioner from office.

(7) A person acting in the office of Chair or additional commissioner may resign from the acting appointment in writing delivered to the Governor in Council.

eligible person means a person who is eligible under section 49 for appointment as a commissioner.